Opinion Digests

Where (1) a defendant gang member and another individual were parked late at night in front of a house where a gang-related shooting had recently occurred and (2) both men moved nervously and gave police vague and conflicting answers as ...

Where two defendants, who allegedly conspired to manipulate evaluations of the Chelsea Housing Authority, have been indicted under 18 U.S.C. §371, a motion by two of the defendants to dismiss the indictment must be denied, as (1) the statute is ...

Where fingerprint evidence proved that the defendant cut a screen and entered the house through a window, but the evidence did not place him near the front door where the larceny occurred, he could only be properly convicted of breaking ...

Where two plaintiffs who obtained a state court judgment against a defendant debtor have requested a determination that the judgment debt is nondischargeable, the debtor is entitled to summary judgment as to 11 U.S.C. §523(a)(4) but not as to §523(a)(2)(A), ...

Where, in sentencing a defendant, a judge improperly considered the facts of a criminal complaint of which the defendant was acquitted, the case must be remanded for resentencing. “ … Indeed, it is improper for a prosecutor to make sentencing ...

Where the defendant appeals from his conviction of conspiracy to distribute five kilograms or more of cocaine, neither the district court’s responses to the jury’s questions nor its determinations during sentencing were erroneous. Affirmed. Jury questions “[Defendant Wilfredo] Melendez claims ...

Where the petitioner (1) challenges her drug conspiracy conviction on sufficiency grounds, (2) argues that her money laundering conviction should be vacated because the government failed to prove that the monies laundered were “net profits” of drug-trafficking and (3) contends ...

Where the Equal Employment Opportunity Commission asserts that an employer refused to reasonably accommodate an employee’s diabetes and constructively discharged her, an award of summary judgment for the employer must be affirmed because (1) the employee did not engage in ...

Where a plaintiff heir of a testatrix’s will has brought suit against a defendant who served as the testatrix’s estate attorney as co-executor of her estate, the plaintiff is not precluded from holding the defendant liable for fraudulent misrepresentation and ...

Where a defendant employer was awarded summary judgment on a claim brought by the plaintiff retiree pursuant to the Employee Retirement Income Security Act, the judgment must be affirmed despite the plaintiff’s assertion that representations were made to him that ...